If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Ensuring tenants vacate promptly at end of fixed term

17-02-2007, 20:04 PM

Hi,

I would like to ask if there are any measures that can be taken at the start of a tenancy to ensure that tenants vacate promptly at the end of a fixed term (6 months).

I am aware that a section 21 needs to be issued 2 months prior to the end of the fixed term but I was wondering if there was anything else I could do to make sure that tenants move out right away and do not delay and force eviction?

The reason that I ask this is that I would have people ready to move into the flats within 2 weeks of the previous tenants leaving and any delays would obviously cause problems and ultimately loss of income. What would happen if tenants refused to leave at the end of a fixed term, how long would it take to legally evict them and would I be able to claim back any loss of income suffered durring this process?

Many thanks

Answers given are simply my own opinion and should not be interpreted as legal advise. Always seek legal assistance if you have any doubts.

No - serve the S21, on expiry apply to courts, get a court order and evict. It is the ONLY legal process. In theory you would be able to claim back the income, in practice difficult to enforce. Timescales vary.

Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

Comment

I would like to ask if there are any measures that can be taken at the start of a tenancy to ensure that tenants vacate promptly at the end of a fixed term (6 months). Unfortunately not!

I am aware that a section 21 needs to be issued 2 months prior to the end of the fixed term but I was wondering if there was anything else I could do to make sure that tenants move out right away and do not delay and force eviction? Serve your S.21 Notice anytime after the tenancy starts, don't leave until the last minute as many think they have to. The two months is a MINIMUM - there is no maximum time limit as we keep stating.

The reason that I ask this is that I would have people ready to move into the flats within 2 weeks of the previous tenants leaving and any delays would obviously cause problems and ultimately loss of income. That's the price you have to pay when renting. What would happen if tenants refused to leave at the end of a fixed term, how long would it take to legally evict them and would I be able to claim back any loss of income suffered durring this process? About 4-8 weeks probably

Many thanks

Never anticipate that a tenant will automatically vacate, but keep a good dialogue with them and it should minimise any potential disappointment. Two weeks might not be enough to assess and rectify any dilapidations. On BBC's Money Box yesterday it was stated the average vacant period was 26 days a year for all combined let property, so that translates to a lot more in reality for those that are empty.

The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

It is for the tenant to surrender their lease, and then for the landlord to accept (or not). A s21 notice by itself, and for that matter a tenant leaving as a result of the notice is probably not sufficient to meet the standard required for surrender by operation of law.

This is a bit of an unusual situation and I'm not sure what to do... long story short, my tenant stopped paying their rent in June and has given me several reasons why they couldn't pay. I tried my best to be accommodating, as I thought it's best to do that and try to come to an amicable arrangement...

I've heard that one before.
It's always mistaken.
Any tenant would take care the property they rent, in fact they have to (the property has to be returned in the condition it was given less fair wear and tear otherwise the landlord can claim compensation - regardless of who the tenant is)....

In English law, the principle is, essentially, that the law is what it says, not what was meant.
When you read appeals cases, the amount of time spent looking at definitions and trying to match the precise wording to the precise situation is testament to this.